Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 24145 of 2019 Petitioner :- Chhaviraj Yadav Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rajesh Kumar Tiwari Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J.
Hon'ble Virendra Kumar Srivastava,J.
Heard learned counsel for the petitioner; learned A.G.A. for the respondents 1 and 2; and perused the record.
The instant petition seeks quashing of the first information report dated 06.11.2019 registered as Case Crime No.536 of 2019, under Sections 323, 504, 506, 452, 427 IPC and Sections 3(1(Da), 3(1)(Dha), 3(2)(va) of S.C./S.T. Act, P.S. Shivpur, District Varanasi.
The allegation made in the impugned first information report discloses commission of cognizable offences and it is also alleged that when effort to lodge the FIR was made, the same was not registered and, therefore, on 04.07.2019 an application was sent to the S.S.P., Varanasi through registered post to lodge the FIR and when the same was not registered, application under Section 156(3) Cr.P.C. was filed.
It appears that on direction under Section 156(3) Cr.P.C., FIR has been lodged.
As the allegations disclose commission of cognizable offence, the prayer of the petitioner to quash the first information report cannot be accepted. The petition is dismissed without prejudice to the right of the petitioner to seek for bail.
Order Date :- 28.11.2019 AKShukla/-